464-A:26-a Estate Planning by Guardian. – I. The probate court may authorize the guardian of the estate to make lifetime gifts, to allocate income, and/or to plan for the testamentary distribution of the ward’s estate consistent with the ward’s wishes. If the ward’s wishes cannot be ascertained, the probate court may authorize the guardian […]
464-A:27 Sales and Purchase. – I. The judge of probate, upon petition of the guardian of the estate or of any other person interested in the estate of any ward, may license the guardian to sell, mortgage, pledge, lease or exchange any property of the guardianship estate, including goods and chattels, real estate, or […]
464-A:28 Oath. – Before a license for the sale of any property of the ward shall be granted, the guardian shall take the following oath and file a certificate thereof in the office of the clerk: "I, ………., guardian of the estate of ………., my ward, do solemnly swear that in disposing of the […]
464-A:29 Conveyance. – Every guardian so licensed and sworn, having advertised and sold as required by the license, may execute a valid conveyance of the estate sold to the purchaser. Source. 1979, 370:1, eff. Aug. 22, 1979.
464-A:3 Jurisdiction and Venue. – I. The probate court shall have exclusive jurisdiction over the appointment of a guardian of the person or of the estate or of both of any incapacitated person. II. (a) Except as provided in RSA 464-A:25, I(a), venue for guardianship proceedings for a proposed ward is in the county […]
464-A:30 Joinder of Spouse. – The wife or husband of a person under guardianship may join with the guardian in a deed for the conveyance of any real estate of the ward, and thereby release and waive any homestead right. Source. 1979, 370:1, eff. Aug. 22, 1979.
464-A:31 Both Spouses Under Guardianship. – I. When a married man and his wife are both under guardianship, and the guardian of the estate of either has obtained a license from the judge to sell real estate of the ward, the guardian of the other may, without license, join in the sale and release […]
464-A:32 Purchase of Part. – If a ward is seized of an undivided fractional part of real estate, the judge may authorize the guardian to purchase any other fractional part thereof whenever it will be conducive to the ward’s interest to do so; and when so licensed, the guardian may make the purchase and […]
464-A:33 Purchase of Homestead for Ward. – I. The judge may, on petition after notice to the ward, the ward’s spouse, the ward’s heirs at law and a representative of the ward if the judge deems this necessary, license the guardian of the estate to purchase with the funds of the ward real estate […]
464-A:34 Right of Waiver. – The guardian of the person and estate, or the person, or the estate, shall have the same rights that the ward would have, if legally competent, to waive the provisions of a will in favor of the ward, intended to be in lieu of distributive share, and shall likewise […]
464-A:35 Annual Report of the Guardian of the Person. – I. A guardian of the person shall file an annual report with the court within 90 days after the anniversary date of the guardian’s appointment, or be in default. The clerk shall give notice of the default to the guardian by first class mail […]
464-A:36 Accounts; Notice. – I. Subject to the provisions of RSA 464-A:26, V, a guardian of the estate shall file an annual account under oath with the court within 90 days after the anniversary date of the guardian’s appointment, or be in default. The clerk shall give notice of the default to the guardian […]
464-A:36-a Repealed by 1998, 155:10, IV, eff. July 8, 1998. –
464-A:37 Reports and Accounts; Failure of Guardian to File. – I. If a guardian fails to render any report or account within the time provided by law or the order of the court, or fails to settle the estate according to order of the court, the court may, upon its own motion, or upon […]
464-A:38 Annual Notification to Ward. – The court shall annually notify the ward that the ward has the right to seek alteration or termination of the guardianship at any time. This notice shall be given in language reasonably understandable by the ward. The notice shall contain the name and address of the ward’s guardian […]
464-A:38-a Prior Guardianships. – Guardianships established prior to August 22, 1979, shall be reviewed in the probate court in accordance with RSA 464-A:35 and RSA 464-A:36. Source. 1981, 564:19, eff. Aug. 29, 1981.
464-A:39 Resignation, Removal, or Death of Guardian. – I. Any person appointed as guardian of the person or an estate or both shall serve until: (a) His or her resignation is accepted by the court; (b) He or she dies; (c) The court finds removal of the guardian to be in the ward’s best […]
464-A:4 Procedure for Court Appointment of a Guardian of an Incapacitated Person. – I. Any relative, public official, or interested person, or any individual in his or her own behalf may file a verified petition for finding of incapacity and appointment of a guardian of a person and estate, or the person, or estate. […]
464-A:4-a Nomination of Guardian for Incapacitated Persons for Whom Activated Member of the Armed Services is Guardian. – I. Any member of the United States armed services, whether a member of an active component, reserve component, or national guard unit of the army, air force, navy, marines, or coast guard who is ordered to […]
464-A:40 Termination of Guardianship. – I. A guardianship of the person or of the estate shall terminate upon order of the court, the death of the ward, or upon a finding by the court either that the ward is no longer incapacitated or that the ward’s needs are met by available alternative resources. II. […]
